ALR Hearing Texas – Save Your License | Houston DWI Lawyer
Key takeaways
- Request within 15 days of receiving the DIC-25 or mailed notice; DPS must receive it by Day-15.
- A timely request stays the suspension; you can usually drive while the case is pending.
- No request? The suspension starts on Day-40.
- Suspension periods: failure vs. refusal; adult and minor tiers.
- ODL may allow essential driving (not for commercial vehicles).
- Hearings are at SOAH; Houston matters are often by Zoom.
- A lawyer can file on time, subpoena witnesses, and challenge DPS proof.
In Texas, you generally have 15 days from receiving notice to request an ALR hearing, and a timely request stays the suspension while your case is pending (Texas Statutes – Transportation Code § 524.031; Texas Statutes – Transportation Code § 524.032(d)).
Table of Contents
ALR Hearing Texas: 15-Day Rule, Process & Defense
You were handed a DIC-25 at the arrest or soon after by mail. Your 15-day clock to request an ALR hearing Texas started, and if you do nothing the suspension may begin on Day-40. Below we explain how to request the hearing, what happens at SOAH, how long suspensions can last, ODL options, defenses that work, and Houston/Harris specifics.
We can request your ALR hearing today so you can keep driving while your case is decided.
Acting quickly requesting the hearing within the window may keep your license valid while the case is pending.
What Is an ALR Hearing in Texas?
An Administrative License Revocation (ALR) hearing is a civil driver’s license case about a possible suspension after a test failure (Ch. 524) or test refusal (Ch. 724). It is not a criminal trial. The hearing happens at the State Office of Administrative Hearings (SOAH) before an Administrative Law Judge (ALJ). DPS prosecutes the civil case. The judge decides specific issues (lawful stop/arrest, failure ≥0.08 or refusal, etc.) under a preponderance of the evidence standard (Texas Statutes – Transportation Code § 524.035; SOAH — Driver’s License Hearings).
DPS usually serves a DIC-25 that also works as a temporary permit. DPS then transmits the DIC-23 (peace officer’s sworn report) and DIC-24 (statutory warning). These documents, plus any video, field-sobriety notes, and test records, may be used at the hearing. The ALJ issues a written decision that either sustains or denies the suspension (DPS – ALR Program).
Your criminal DWI case is separate. Dispositions there don’t control ALR outcomes; the one notable exception is an acquittal on certain charges that can bar or rescind an ALR suspension (Texas Statutes – Transportation Code § 724.048).
Next: the 15-day deadline that controls everything.
Civil vs. criminal: why they’re separate
ALR is civil. It does not decide guilt. The ALJ rules only on license issues. A criminal plea or dismissal usually doesn’t change ALR, but an acquittal on specified charges can bar or rescind the suspension under statute. Keep the tracks separate and protect both. See Texas Statutes – Transportation Code ch. 524, § 524.015, and § 724.048.
Is ALR part of my DWI case? No. It’s civil and separate; only an acquittal can bar/rescind the ALR suspension.
Who runs ALR (DPS + SOAH) and who attends
DPS initiates with DIC-23/24/25. A SOAH ALJ presides. You may appear with counsel. DPS may use affidavits where allowed and call witnesses. Parties can request subpoenas for officers, breath-test operators, and technical supervisors (DPS – Forms DIC-23/24/25, Texas Statutes – Transportation Code § 524.033, SOAH – Subpoenas).
Are ALR hearings in criminal court? No. SOAH runs them.
What an ALR decision can, and can’t do
The ALJ may sustain (suspend) or deny the suspension. The decision does not decide criminal guilt. If you lose, you may appeal within 30 days; a limited stay may apply by statute; appeals are based on the record (Texas Statutes – Transportation Code §§ 524.041-.043).
Lose ALR = guilty of DWI? No; it affects license only.
Sources: Texas Statutes – Transportation Code § 524.035, Texas Statutes – Transportation Code ch. 524, Texas Statutes – Transportation Code § 724.048, SOAH – Driver’s License Hearings, DPS – ALR Program
The Critical 15-Day ALR Hearing Deadline
You have 15 days from when you receive notice to request the hearing, and DPS must receive that request by Day-15. If the notice is mailed, the law presumes you received it on Day-5 after mailing. If no timely request is on file, the suspension takes effect on Day-40 after receipt. Time is computed by excluding the first day, including the last, and moving to the next business day if the last day lands on a weekend or legal holiday. A timely request stays the suspension while the case is pending (Texas Statutes - Transportation Code § 524.031; § 524.013(b); § 524.021; § 524.032(d); Texas Statutes - Government Code § 311.014).
Conflict note: DPS has a general “20-day” hearing page for other actions. For ALR, the statute controls at 15 days (Texas Statutes - Transportation Code § 524.031).
Now, how to file your request correctly.
When the 15-day clock starts (DIC-25 notice)
The 15-day period starts on the date you receive notice. Officers often hand you the DIC-25 at arrest, which starts the clock that day. If DPS mails notice, the law presumes you received it on Day-5 after mailing (Texas Statutes – Transportation Code § 524.031; § 524.013(b); DPS – Forms DIC-25).
Is it 15 days from arrest? It’s from receipt of notice (often the arrest date if served).
How to calculate your exact deadline (weekends/holidays)
Exclude the first day; include the last. If the last day falls on a Saturday, Sunday, or legal holiday, the deadline moves to the next business day (Texas Statutes – Government Code § 311.014). Simple example: Receive notice on June 1 → Day-1 is June 2 → if Day-15 is a Sunday, you have until Monday.
Day-15 on Sunday? You have until Monday.
If you miss the deadline: what happens next
If no timely request is received, the suspension starts on Day-40. Your temporary permit expires then. You cannot file a late ALR request, but you may pursue an Occupational Driver’s License (ODL) for essential need (Texas Statutes – Transportation Code § 524.021; §§ 521.242-.250).
If I missed it can I still request? Generally No; You’ll more than likely need to consider ODL.
Sources: Texas Statutes – Transportation Code § 524.031, Texas Statutes – Transportation Code § 524.032(d), Texas Statutes – Transportation Code § 524.021, Texas Statutes – Transportation Code § 524.013(b), Texas Statutes – Government Code § 311.014, DPS – ALR Program
How to Request Your ALR Hearing (Step-by-Step)
Request online through DPS or by a method on your DIC-25. The request must include your identifying information and reach DPS by Day-15. We recommend filing online for immediate confirmation and saving proof. DPS will mail you a scheduling notice with the date, time, and, commonly, a Zoom link.
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Gather your info
Have your DL/ID number, full name, DOB, current address, and contact info ready.
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File the request (online preferred)
Submit the ALR hearing request so that DPS receives it by Day-15. Save the online confirmation or certified-mail receipt.
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Watch for SOAH scheduling
You’ll receive a notice with the date, time, and access details (often Zoom). Calendar it immediately.
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Drive while pending (if timely)
A timely request generally stays the suspension until the ALJ issues a decision. Keep your DIC-25 if applicable.
Hearings are typically set 30-60 days out and must occur before the effective date of any suspension (Texas Statutes – Transportation Code § 524.031; DPS – ALR Program; SOAH – Driver’s License Hearings; Texas Statutes – Transportation Code § 524.032(a)).
With your request in, here’s what to expect at the hearing.
We can request your ALR hearing today so you can keep driving while your case is decided.
ALR requests must be received within 15 days. We’ll file online, confirm receipt, and track your SOAH date.
Online vs. mail/fax request: pros/cons
Online filing gives an immediate timestamp and on-screen confirmation you can save. Mail/fax are allowed, but DPS must receive the request by Day-15 (postmark isn’t enough). Keep proof: screenshot, fax confirmation, or certified-mail receipt (Texas Statutes – Transportation Code § 524.031; DPS – ALR Program).
We can submit it online today and confirm receipt.
Required info, forms, and confirmation
Have your driver license/ID number, full name, DOB, and mailing address ready. If you have a lawyer, include attorney info. DPS will send a scheduling letter or email with the hearing details or Zoom instructions (DPS – ALR Program; SOAH – Driver’s License Hearings).
What to expect after filing (scheduling window)
DPS commonly sets hearings 30-60 days out. By statute, the hearing occurs before any suspension takes effect when a timely request is made (Texas Statutes – Transportation Code § 524.032(a); DPS – ALR Program).
Sources: Texas Statutes – Transportation Code § 524.031, Texas Statutes – Transportation Code § 524.032(a), DPS – ALR Program, SOAH – Driver’s License Hearings
What Happens at the ALR Hearing (Process & Outcomes)
At the hearing, DPS offers evidence such as the DIC-23 (officer’s sworn report), DIC-24 (statutory warning), video, test records, and affidavits that may be admissible by statute.
Request filed
DPS logs your ALR request (timely = stays suspension pending decision). Watch for scheduling.
SOAH scheduling
You receive notice with date/time and access details (often Zoom). Calendar deadlines and prep.
Subpoenas & discovery
Affidavits, videos, reports, and witness subpoenas can be managed before the hearing as needed.
Hearing before ALJ
Administrative Law Judge applies the preponderance standard to determine if DPS met its burden.
Decision & appeal window
ALJ issues decision (sustain/deny). If sustained, the stay ends; appeals require transcript/record.
Parties may obtain subpoenas for breath-test operators or technical supervisors. The ALJ rules on statute-defined issues under a preponderance standard. If you win, no suspension issues. If DPS meets its burden, the ALJ orders suspension per statute. You may appeal within 30 days; any stay on appeal is limited and controlled by statute (Texas Statutes – Transportation Code § 524.035; §§ 524.038-.039; SOAH – Subpoenas; Texas Statutes – Transportation Code §§ 524.041–.043).
Meanwhile, can you drive while you wait?
Evidence DPS uses (reports, breath/blood, FST, video)
Expect DIC-23, DIC-24, body-cam or dash video, field-sobriety notes, breath/blood paperwork, and sometimes a technical-supervisor affidavit. You can request subpoenas to examine key witnesses (DPS – Forms DIC-23/24; Texas Statutes – Transportation Code §§ 524.038-.039; SOAH – Subpoenas).
The judge’s role and burden of proof
A SOAH ALJ decides limited statutory issues and applies preponderance of the evidence (more likely than not). Core issues include reasonable suspicion/probable cause, valid arrest, and whether you failed ≥0.08 or refused (Texas Statutes – Transportation Code § 524.035; SOAH – Driver’s License Hearings).
Win vs. lose: immediate consequences and appeals
Win: No ALR suspension.
Lose: Suspension per statute; consider ODL.
Appeal: file within 30 days; any stay is limited by statute, and appeals rely on the SOAH record
(Texas Statutes – Transportation Code §§ 524.041-.043).
Sources: Texas Statutes – Transportation Code § 524.035, Texas Statutes – Transportation Code §§ 524.038–.039, SOAH – Driver’s License Hearings, SOAH – Subpoenas, Texas Statutes – Transportation Code §§ 524.041–.043
Can You Drive While You Wait?
If you timely requested the hearing, your suspension is stayed. Your DIC-25 generally serves as a temporary permit until the ALJ issues a final decision or the permit lapses by law.
- Timely ALR request on file → the ALR suspension is generally stayed (paused) while the case is pending (keep tracking your SOAH date).
- DIC-25 serves as a temporary permit until a decision or the effective date of any suspension.
- No timely request → suspension may begin on Day-40 after receipt of notice.
- Carry ID and comply with any bond/conditions from your criminal case; follow all license restrictions.
If the request was late or not received, the stay does not apply and suspension begins on the effective date (Texas Statutes – Transportation Code § 524.032(d); DPS – Forms DIC-25; DPS – ALR Program).
If a suspension happens, how long and why?
Driving privileges after a timely request
A timely request or a granted continuance keeps the stay in place while the ALJ considers the case. The DIC-25 acts as your permit until the decision issues, subject to its terms (Texas Statutes – Transportation Code § 524.032(d); DPS – Forms DIC-25).
Timely request = you can drive pending decision.
Common mistakes that trigger accidental suspension
Common pitfalls: filing late, assuming postmark is enough (it isn’t), request not received by DPS, failing to appear (waiver), or not updating address when mail is presumed received Day-5 (Texas Statutes – Transportation Code § 524.031; § 524.013(b); § 524.032; § 524.038).
Sources: Texas Statutes – Transportation Code § 524.032(d), DPS – Forms DIC-25, DPS – ALR Program
Suspension Lengths & Triggers in Texas
Texas sets suspension periods by statute.
Adults: a first test failure is typically 90 days; with a prior alcohol/drug enforcement contact in 10 years, it may be 1 year. A refusal is typically 180 days, or 2 years with a qualifying prior.
| Trigger | Adults (21+) | Minors (<21) | Notes |
|---|---|---|---|
| Test failure (≥ 0.08) | 90 days (first) / 1 year (with qualifying prior) | 60 / 120 / 180 days (tiered) | Computed per statute; periods increase with prior alcohol-related contacts. |
| Refusal (declines breath/blood) | 180 days (first) / 2 years (with qualifying prior) | Tiered periods per statute | Refusal periods are separate from failure periods. |
| Prior alcohol-related enforcement action (look-back) | Enhances term within statutory window | Enhances term within statutory window | Prior ALR/DWI within the window increases the suspension length. |
| Commercial driver (CMV) | CDL disqualification applies under Chapter 522 rules; no ODL for CMV operation. | Separate CDL regime; ODL does not authorize CMV operation. | |
| Scenario | First Contact | Prior Contacts (10-yr look-back) | CDL Notes | Statute |
|---|---|---|---|---|
| Refusal (Implied Consent) | 180 days | 2 years | CDL disqualification rules apply separately; no ODL for CMV operation | Texas Statutes — Transportation Code § 724.035; Texas Statutes — Transportation Code ch. 522 |
| Failure (≥0.08; adults) | 90 days | 1 year | Same CDL notes | Texas Statutes — Transportation Code § 524.022(a) |
| Minor (failure tiers) | 60 days | 120 days (1 prior); 180 days (2+ priors) | N/A | Texas Statutes — Transportation Code § 524.022(b) |
Sources: Texas Statutes – Transportation Code § 524.022; Texas Statutes – Transportation Code § 724.035; Texas Statutes – Transportation Code ch. 522 (CDL).
Minors have shorter failure tiers (60/120/180 days). CDL holders face separate disqualification rules under Chapter 522; ODLs do not allow CMV operation.
If suspended, can you still drive for essentials?
Refusal vs. test failure: typical periods
Refusal vs. test failure: typical periods
Adults
Durations are set by statute.
Minors — Failure Tiers
Applies to test failures; statute lists tiered durations.
Sources
- Texas Statutes — Transportation Code § 524.022
- Texas Statutes — Transportation Code § 724.035
- CDL disqualification rules are separate (ch. 522); an ODL cannot authorize CMV operation (Subch. L).
First-time vs. prior alcohol-related contacts
A prior alcohol/drug enforcement contact within 10 years increases suspension lengths. The definition and look-back appear in Chapter 524 (Texas Statutes – Transportation Code § 524.022; ch. 524).
Aggravators and CDL considerations
ALR durations are fixed by statute; CDL holders face separate disqualifications. An ODL cannot authorize commercial driving. Plan around CMV restrictions (Texas Statutes – Transportation Code ch. 522; §§ 521.242–.250).
Sources: Texas Statutes – Transportation Code § 524.022, Texas Statutes – Transportation Code § 724.035, Texas Statutes – Transportation Code ch. 522
Occupational Driver’s License (ODL) If You’re Suspended
If a suspension is imposed, you may qualify for an Occupational Driver’s License to meet essential needs like work, school, or household duties. You file a verified petition in the proper venue; a court can set hours, routes, or conditions (e.g., interlock). After an order, you must submit SR-22 and fees to DPS and carry the certified order when driving. An ODL does not allow commercial vehicle operation (Texas Statutes – Transportation Code §§ 521.242–.250; DPS – Reinstatement & Fees; Texas Department of Insurance – SR-22).
Beyond eligibility, what defenses can help you avoid suspension?
Eligibility & limits (essential need; non-commercial)
You must show essential need. The court may limit days/hours/routes and impose conditions. The ODL cannot authorize CMV operation (Texas Statutes – Transportation Code §§ 521.242–.250; Texas Statutes – Transportation Code ch. 522).
How and where to petition (venue & steps)
File a verified petition in the venue allowed by statute (often your county of residence or where the offense occurred). Orders and required findings are outlined in §§ 521.243–.244 (Texas Statutes – Transportation Code §§ 521.242–.244).
Timeline, SR-22, and compliance tips
After the court signs the order, submit SR-22 and pay DPS fees. Keep the certified order with you while driving and follow all conditions (DPS – Reinstatement & Fees; Texas Department of Insurance – SR-22).
ODL Step Box
Eligibility
Show essential need for work, school, or household duties. The court may add conditions (hours, routes, interlock, programs). ODL does not allow CMV operation.
Venue & Petition
File a verified petition in the proper court. Request a court order that sets your limits. Follow the statutory venue and notice rules.
SR-22 & Fees
After the order, submit SR-22 proof of financial responsibility and any DPS fees so issuance can occur.
Carry & Comply
Carry the certified court order while driving and follow all limits. Non-compliance can affect your privileges.
Defense Strategies That Win ALR Hearings
Good ALR defense focuses on the statutory issues and the evidence DPS must prove. That can include challenging the stop, the arrest, test procedures, and the reliability of records. Use subpoenas to question operators and supervisors, scrutinize the DIC-23, and enforce notice and deadline rules. These efforts can also strengthen your criminal-case strategy (Texas Statutes – Transportation Code § 524.035; §§ 524.038–.039; SOAH – Subpoenas; DPS – DIC-23).
These strategies also benefit your criminal case.
Challenging the stop and officer testimony
Target reasonable suspicion/probable cause and the arrest. Compare the DIC-23 to video and reports for inconsistencies. If DPS cannot meet the statutory burden, the suspension may not stand (Texas Statutes – Transportation Code § 524.035; DPS – DIC-23).
Attacking FST, breath, and blood evidence
Use SOAH subpoenas to require the breath operator or technical supervisor. Question instrument maintenance, protocols, and affidavit admissibility under statute (Texas Statutes – Transportation Code §§ 524.038–.039; SOAH – Subpoenas).
Leveraging video and procedural errors
Video can contradict narrative claims. Object to defective notice/service and enforce deadlines like the 15-day filing and hearing-before-effective-date rules (Texas Statutes – Transportation Code § 524.035; § 524.032).
These strategies require experience.
Talk to a Houston ALR hearing lawyer now.Put a team on your side that understands SOAH hearings, statutory proof, and how ALR records can support your criminal DWI defense.
Why the ALR Hearing Matters to Your Criminal DWI Case
ALR is separate from your criminal case, but it can shape your defense. The hearing locks in sworn testimony early, forces production of key documents, and often surfaces timing, training, and procedural gaps that your trial lawyer can use strategically.
Refusal evidence at trial (Texas Transp. Code § 724.061)
Your refusal to provide a breath or blood sample may be introduced into evidence at your criminal trial. How that plays into your defense is fact-specific discuss strategy with counsel. Read Texas Statutes - Transportation Code § 724.061
Acquittal rescinds ALR suspension (§ 524.015(b))
If you’re acquitted of the criminal charge arising from the same arrest, DPS must rescind an ALR suspension and remove it from your record. Read § 524.015(b)
ALR gives an early look at the state’s evidence. You can obtain sworn testimony that may be used for impeachment later. The exhibits (DIC-23/24, video, lab records) help chart discovery requests and motion practice. An ALR win does not dismiss the criminal case, and an ALR loss does not prove guilt. A refusal may be admissible at trial under statute (§ 724.048; SOAH – Driver’s License Hearings).
Know the costs and timelines that follow.
Locking testimony via early cross-examination
ALR allows sworn officer testimony under rules that can be valuable later for impeachment. Keep transcripts and exhibits organized (SOAH – Driver’s License Hearings; Texas Statutes – Transportation Code ch. 524).
Using ALR exhibits in your defense
DIC-23/24, videos, and lab documents can guide challenges in the criminal case and support suppression or reliability arguments (DPS – Forms DIC-23/24).
What win/lose means for the criminal track
ALR win ≠ criminal dismissal; ALR loss ≠ guilt.
A refusal may be used at trial as allowed by statute (Texas Statutes – Transportation Code § 724.061).
Sources: Texas Statutes – Transportation Code § 724.061, Texas Statutes – Transportation Code § 524.015, Texas Statutes – Transportation Code § 724.048, SOAH – Driver’s License Hearings, DPS – Forms DIC-23/24
Costs, Fees & Timelines (Realistic Expectations)
Realistic expectations for an ALR hearing
State & DPS costs
Seeking an Occupational Driver’s License (ODL) may require an SR-22 filing and additional DPS fees.
Expenses to plan for
- Subpoenaed witness fees (statutory amounts).
- Transcript/record costs if you file an appeal.
- Incidental delivery costs (e.g., certified mail/fax) if not filing online.
State and reinstatement costs
Attorney fees VS. DIY risks
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There can be subpoena/witness costs when you need officers or technicians to appear.
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Appeals require the administrative record/transcript.
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SOAH’s self-help explains neutral procedures; counsel can handle affidavits, subpoenas, and the burden of proof.
Houston & Harris County Specifics (Local Edge)
Houston & Harris County specifics (Schedule • Subpoenas • Audio + Zoom)
Houston Hearing Location
SOAH’s Houston regional office is at 2020 North Loop W, Suite 111. Your DPS/SOAH notice provides the calendar details and any Zoom link.
Zoom Hearing Norms
Driver’s license hearings are commonly held by Zoom unless your notice sets in-person. Keep an eye on SOAH email and schedule instructions.
Subpoenas & Procedures
SOAH manages subpoenas, witness fees, requests for audio, and continuances under posted procedures. Timely filings and proper service are critical.
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FIRM OVERVIEW
Texas ALR Hearing FAQs (Frequently Ask Questions)
Yes. If you request within 15 days, the suspension is paused until the judge rules. Your DIC-25 serves as a temporary license. (Texas Statutes § 524.032(d); DPS – Forms DIC-25)
Missing the 15-day deadline means an automatic license suspension starts on Day-40. No hearing will be set. You may still apply for an Occupational Driver’s License if eligible. (Texas Statutes § 524.021; Texas Statutes §§ 521.242–.250)
No, but it’s strongly advised. Attorneys can subpoena officers, challenge test evidence, and protect your criminal DWI case. Most drivers without legal help lose their hearing. (SOAH Hearings; Texas Statutes §§ 524.038–.039)
Immediately. A defense lawyer can submit the ALR request as soon as your arrest paperwork is issued. DPS must receive it within 15 days or your suspension automatically begins. (DPS ALR Program; Texas Statutes § 524.031)
Judges review police reports, DIC-23/24 forms, chemical test results, and officer testimony. Skilled attorneys challenge probable cause, arrest procedures, and breath/blood test accuracy to protect your license.
The ALR hearing only decides if your driver’s license is suspended. Your criminal DWI case is separate, determining guilt, fines, or jail. Winning one does not guarantee success in the other.
Yes. Many drivers qualify for an Occupational Driver’s License (ODL) to drive to work, school, or household duties. Courts often require SR-22 insurance and strict compliance with restrictions.
Most People Wait Too Long to Call a DWI Lawyer.
Your license, your record, your freedom—they’re all on the line. We’re here to help you fight back, but only if you act before the deadline expires.